Cedaw and the European Union's Policy in the Field of Combating Gender Discrimination

Abstract

This paper aims to show that the Convention for the Elimination of All Forms of Discrimination Against Women (CEDAW) can provide inspiration and open new avenues to solve some of the problems that are the consequence of the currently insufficient approach to gender equality under European Community law. It is argued that the approach of CEDAW should be applied in both interpreting existing EC law and in making new law. In interpreting existing EC sex equality law, the Convention's role as a source of inspiration must be taken much more seriously than is currently the case. As for the drafting of new law, it is true that the EC itself is not a signatory to CEDAW and, therefore, not bound by the Convention in a strict legal sense. However, the Member States are signatories. As such, they are under an obligation to take the Convention seriously, an obligation that also relates to the making of EU and EC Treaty law that, in turn, provides the framework for the adoption of secondary EC law.